Personal Jurisdiction and Venue Flashcards
PA Long-Arm Statute: General Personal Jurisdiction
42 § 5301 confers general jurisdiction over individuals who:
(1) Are in PA when process is served;
(2) Are domiciled in PA when process is served; or
(3) Consent to jurisdiction
Over corporations who:
(1) Are incorporated in PA;
(2) Carry on continuous or systematic parts of their general business in PA; or
(3) Consent to jurisdiction
*This rule applies to partnerships and other organizations as well
*Must comport with constitutional due process*
PA Long-Arm Statute Specific Jurisdiction
42 § 5322 creates specific jurisdiction over non-residents “to the fullest extent allowed under the Constitution and may be based on the most minimum contact with PA allowed under the Constitution”
Provided there are minimum contacts and the acts give rise to the plaintiff’s cause of action, the following acts will confer personal jurisdiction:
- Transacting any business in PA, including
- Shipping merchandise directly or indirectly into or through PA
- Ownership, use, or possession of any real property within PA; or
- Engaging in any business of profession in PA
- Contracting to supply services or things in PA
- Causing harm or tortious injury by act or omission in PA
- Having an interest in, using, or possessing real property in PA
- Contracting to insure any person, property, or risk in PA, at the time of contracting
- Causing harm or tortious injury in PA by act or ommion outside PA
The following will not confer personal jurisdiction:
- Residual paint and suffering while in PA from an accident that occured outside PA
- No specific jurisdiction to out-of-state medical providers who case injury to PA residents even though effect felt in PA
Venue for Actions Against Individuals
An action agaisnt an individual may be brought in a county in which:
- The individual may be served
- The cause of action arose
- A transaction or occurence took place out of which the cause of action arose
- In any other county authorized by law
- The property or part of the property which is the subject matter or the action is located, provided that equitible relief is sought with respect to the property
Venue for Actions Against Corporations/ Associations/ Partnerships
An action against a corporation, unincorporated association, and partnership may be brought in a county where:
- The defendant regularly conducts business
- The cause of action arose
- A transaction or occurence took place out of which the cause of action arose
- The property or party of the property which is the subject matter or the action is located provided that equitable relief is sought with respect to the property
- For a corporation: also where its registered office or principal place of business is located
- For unincorporated association: where it regularly conducts any association activity
For Venue “Where the Cause of Action Arose” is:
Usually where the final element of the cause of action was satisfied, frequently the injury in a personal injury case
For Venue where a partnership/ association/ corporation “regularly conduct business” is determined based on:
Courts look both to quantity and quality
Quality: only acts “essential to the corporate objects” count, not incidental acts
Quantity: acts must be so continuous and sufficient to be habitual; regularity is more important than frequency
According to the PA Supreme Court mere solicitation of business in a particular county does not amount to conducting business in that county
Venue for Multiple Causes of Action against a Single Defendant
Venue is proper is any county in which one of the individual causes of action could have been brought
Venue in an Action against Multiple Defendants
Venue is proper against two or more defendants (except the Commonwealth) in any county where venue is proper against any one defendant; except in medical malpractice
Venue for Actions Against Political Subdivisions
An action against a city or a town, for example, must be brought in the county where the subdivision is located
Venue for Medical Malpractice Actions
A medical professional liability action may be brought against a health care provider for a medical professional liability claim only in a county in which the cause of action arose (does not apply to a cause of action that arose outside of PA)
Arose where the health care services were furnished
Venue for Medical Malpractice Action with Multiple Defendants
If two health care providers are in the case, with seperate professional liability claims that arose in different counties, then the case could proceed in either county
Grounds for Changing Venue
Venue may be changed in three ways:
(1) When venue is improper, by preliminary objection;
(2) Petitions for forum non conveniens; or
(3) A showing of an inability to hold a fair and impartial trial in the plaintiff’s chosen forum
Improper Venue
In order to claim veue is improper the defendant must file a preliminary objection in response to the complaint; if they do not then the objection is waived.
If another PA county would be proper, the action will be transferred rather than dismissed.
Propriety of venue is assessed at the time the case is initiated
Forum Non Conveniens - Within PA
Even when venue is legally proper, a defendant may seek a transfer based on forum non conveniens: for the convenience of parties and witnesses, the court upon petition of any party may transfer an action to the appropriate court of any other county where the action may have been brought initially
Petition should not be granted unless the defendant meets its burden of demonstrating, with detailed information on the record, that the plainttiff’s chosen forum is “oppresive or vexatious to the defendant”
This would be done through a petition not a motion
Factors to consider:
- Location of witnesses
- Location of evidence
- Propriety of a jury view of the sight of an accident
- If there was improper forum shopping involved in the plaintiff’s choice
Impossibility of a Fair and Impartial Trial
Rule 1006(d)(2) provides that when upon petition and hearing the court finds that a fair and impartial trial cannot be held in the county for reasons stated in record, the court may order that the action be transferred.
Order is certified to PA Supreme Court, which selects teh county to hear the case.
